How do I file a motion for reconsideration with an appellate court?
In Texas, filing a motion for reconsideration with an appellate court requires the filing of a motion (or “petition”) in the proper appellate court. The motion should include the names of the parties in the case, the date of the original judgment or order, and the reasons for reconsideration. It may also include supporting evidence (such as affidavits and exhibits). The motion must be filed no later than 30 days after the appellate court renders its opinion or judgment. It should also include a brief, which is a document that outlines the legal arguments in support of the motion. The motion should be accompanied by the applicable filing fee or a motion for fee waiver. Once the motion is filed, the court clerk will provide the appellant with a copy of the motion, which should be served upon the other party in the case. If granted, the reconsideration motion will result in the court re-examining the case and either upholding its original decision or reversing it. If a motion for reconsideration is denied, the appellant may appeal to a higher court for review. In summary, filing a motion for reconsideration with an appellate court involves preparing a motion, filing it within the appropriate timeframe, and providing a brief and the applicable filing fee (or fee waiver). The motion should list the parties in the case, the date of the original judgment or order, and the reasons for reconsideration. It may also include supporting evidence. If the motion is granted, the court will reconsider its original decision. If it is denied, the appellant may appeal to a higher court for review.
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